1987), the court harmonized Sections 1307(b) and 1307(c) as follows:Ĭlearly Congress contemplated that for some reasons, and it listed several but not all in §1307(c), “a party in interest” could request and receive an order of conversion upon presentation of proper proofs and under some burden of persuasion. However, a bad faith finding is required. 1999), the court ruled that a debtor’s right to voluntary dismissal of a Chapter 13 petition under Section 1307(b) can be trumped under certain circumstances by motion to convert under Section 1307(c). (4) failure to commence making timely payments under Section 1326 of this title…Īuthorities have split on the issue of whether debtor has an absolute right to dismiss under Section 1307(b), especially in light of an intervening motion to convert. (1) unreasonable delay by the debtor that is prejudicial to creditors * * * on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interest of creditors and the estate, for cause, including Any waiver of the right to dismiss under this subsection is unenforceable.” Section 1307(c) states, in part: Section 1307(b) of the Bankruptcy Code provides that “n request of the debtor at anytime, if the case has not been converted under Sections 706, 1112, or 1208 of this title, the court shall dismiss a case under this chapter.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |